MINUTES OF THE
TUESDAY, OCTOBER 23, 2007
Mayor Bolender called the meeting to order at 7:00 p.m. The following Commissioners were present at roll call: Commissioner Dickmann, Commissioner Johnston, Commissioner Sokol, Commissioner Siira, Mayor Bolender, Commissioner Grabowski Commissioner Correll and Commissioner Nowak. Commissioner Kopplin was excused. Also present were Jeff Fortin, Planner, Assistant Fire Chief George Krudop and Zoning Administrator Peter Wagner.
Commissioner Dickmann moved to approve the minutes of the September 25, 2007, regular Plan Commission meeting. Commissioner Siira seconds. Roll call, all voted aye with the exception of Commissioner Grabowski who abstained. The minutes were approved as submitted.
Report on Significant Common Council Actions
There were no comments or concerns from the Commission
Sign Appeal Hearing – Arizona Grille
8950 S. 27th Street
Tax Key No.: 865-0070-006
Mr. Fortin explained to the Commission the applicant was requesting a variance to the sign code regarding size of the proposed sign. The proposed sign is separated into two elements due to the architectural design of the building façade. According to city ordinance, sign area is determined by the smallest regular polygon containing all sign elements. Using this determination the sign area is approximately 155 square feet, exceeding the 100 square foot cap. The sign elements, when measured separately are approximately 45 square feet.
Mr. Marty Westberg, Badger Lighting and Sign was sworn in and explained the variance requested was to accommodate the architecture of the building.
Commissioner Siira questioned what the total area of the sign would be if “Arizona” was placed in a rectangle. Mr. Westberg stated “Arizona” would be 33.33 square feet. Commissioner Siira commented realistically the sign would meet the calculations based on a straight line and would look better architecturally the way it was proposed.
Mayor Bolender called three times and closed the public hearing.
Sign Appeal – Arizona Grille
8950 S. 27th Street
Tax Key No.: 865-0070-006
Commissioner Dickmann moved to approve the request for a variance to City Ordinance 17.0706(a) by Arizona Grill to allow for the sign as shown.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Sign Plan Review – Colonial Woods Entrance Signs
8100 S. 27th Street
Tax Key No.: 810-9012
Mr. Fortin explained to the Commission the applicant was returning from the September 25, 2007 meeting where the Plan Commission directed this item held because they wanted the applicant to remove the proposed wall sign on the parcel south of W. Forest Hill Avenue.
Commissioner Johnston commented the split rail fence would not be allowed on the landscape island. Mr. Mike Peterson with Colonial Woods acknowledged that fact and assumed it wasn’t allowed because it was a public roadway.
Commissioner Correll moved that the Plan Commission approves the plans for the entrance sign and wall for the Colonial Woods Condominiums located at 8100 S. 27th Street as proposed.
Commissioner Siira seconds. Roll call, all voted aye. The motion to approve carries.
Plan Review - 66 Company Multi-Tenant Retail and Office Buildings
8930 S. 27th Street
Tax Key No.: 865-0070-005
Mr. Fortin explained to the Commission the applicant was returning from the May 22, 2007 meeting where the Plan Commission held the item to see if there was any way to alter the site plan to place the parking to the sides and rear of the building.
Commissioner Grabowski questioned if there would be enough parking for the new building. Mr. Fortin explained if you included the stalls included with the site and the shared parking adjacent to them (the Arizona Grille has approximately 50 – 60 more stalls than the need) there is adequate parking for the multi-tenant building.
Commissioner Sokol questioned if the fact that they have signs on the second floor of the building and what is being seen that condition number six should be disregarded. Mr. Fortin explained they are showing how they may like the signs laid out but they would still need to come back with a sign program once they have a better idea of the tenants and the way the signage will be laid out.
Commissioner Grabowski questioned if the applicant had received a copy of the 27th Street guidelines. She commented 27th Street was really an entity of its own and therefore the restrictions were going to be stricter. Mr. Fortin commented they had received a copy and that the guidelines were available online.
Mr. Jim Stevenson, 8961 S. 26th Street, expressed concern for the plan meeting the 27th Street Corridor plan for the area. He also expressed concern for the types of businesses that may be located within the development. Mr. Bin Hua commented the restaurant would not accommodate more than 25 people.
Commissioner Siira questioned where the heating units were located. Mr. Hua stated they were located inside of the building. Commissioner Siira questioned if there was room for semi truck deliveries. Mr. Hua stated the site turning radius could handle a semi going around.
Commissioner Grabowski questioned whether or not Planning had really taken a diligent look at the parking and looked at placing more of the parking to the sides and the rear. Mr. Fortin explained it has been looked at and the way the code reads it should primarily be on the sides and rear. Since they are using shared parking they do have a lot on the sides. The do not have a lot in the front, one row of double loaded parking only. Any retailer will want at least some parking in the front.
Commissioner Grabowski questioned the rear setback. Mr. Fortin stated it was 33 feet.
Ms. Carol Grundy, 9160 S. Nicholson Road, questioned how a business would exist without its own entrance from 27th Street. Mr. Fortin explained they have a shared access with the Arizona Grille because that was all the DOT would allow them to have.
Commissioner Nowak moved that the Plan Commission approve the site, building, and landscaping plans for the property at 8930 S. 27th Street, subject to the following conditions:
- That all building and fire codes are met.
- That the final site grading, drainage, and stormwater management plans are reviewed and approved by the Engineering Department prior tot the issuance of building permits.
- That the final utility plans are approved by the Water and Sewer Utility.
- That the lighting plan is reviewed and approved by the Electrical Inspector prior to the issuance of building permits.
- That the landscaping plan is reviewed and approved by the City Forester and Department of Community Development prior to the issuance of building permits.
- That the applicant returns to the Plan Commission with a planned sign program prior to the issuance of any sign permits.
- That the mechanicals at the rear of the building are screened with a fence, landscaping or a combination of both.
Commissioner Sokol seconds.
Roll call, all voted aye with the exception of Commissioner Grabowski. The motion to approve carries.
Conditional Use – Green Man Wood Services
9000 & 9100 S. Nicholson Road
Tax Key Nos. 862-9991 & 872-9994-008
Mr. Fortin explained to the Commission the applicant was requesting approval of the conditions and restrictions for the conditional use that was approved at the September 25, 2007 meeting.
Commissioner Dickmann moved that the Plan Commission recommends to the Common Council that the conditions and restrictions are adopted as part of the conditional use permit for the Green Man Wood Services located at 9000 & 9100 S. Nicholson Road, after a public hearing.
Mr. Dan Gustin, 3249 S. New York Avenue, requested that the hours of operation on Saturday be extended to 6:00 pm. Commissioner Nowak questioned if this would be a retail operation. Mr. Gustin stated the hardwood lumber part was a retail operation. Mayor Bolender did not want to extend the hours because of the surrounding residential area. He would be okay with extending the time until 3:00 pm.
Commissioner Grabowski questioned if the hours of operation would extend to the storage portion as well. Mayor Bolender felt the hours should apply to the storage area as well.
Commissioner Siira questioned item 3G. Mr. Fortin explained that item should be removed and is addressed in item 5B.
Commissioner Dickmann moved that the Plan Commission recommends to the Common Council that these conditions and restrictions are adopted (as corrected, with item 8D Saturday hours from 9am to 3pm and item 3G be removed) as part of the conditional use permit for the Green Man Wood Services located at 9000 & 9100 S. Nicholson Road, after a public hearing.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Planned Unit Development Amendment – The Gathering and the Cornerstone of Oak Creek
8825 S. Howell Avenue and 155 W. Sunnyview Drive
Tax Key Nos.: 859-9992-001 & 859-9007
Mr. Fortin explained to the Commission the applicant was requesting a time extension that would give them twelve months from the date that the Common Council adopts the amended conditions and restrictions to begin construction and an additional eighteen months after that to complete construction.
Ms. Kathy Howlett Despot explained the circumstances behind her request for a time extension and her additional request to allow her to keep the dirt pile until after the closing of the finances.
Mayor Bolender questioned what the plan was and the timeline for the plan because the dirt piles were eye sores. Ms. Howlett-Despot explained they have looked into doing something with the dirt but nothing makes sense from a construction standpoint because it adds so much more cost. To remove it would be in excess of $30,000 and she could not support that option. They are closing in on the financing and hope to have it financed and begin the rest of the development by the first of the year. Mayor Bolender commented he would be happy with the first of the year removing the dirt pile.
Commissioner Grabowski questioned if realistically the dirt pile could be moved within 60 days. Commissioner Johnston explained it should not be an issue to get the dirt moved within 60 or 90 days. Any other developer would have been required to have the dirt pile removed before occupancy. Now that they have occupancy and they have had a CSM and the topsoil pile is still in place.
Commissioner Nowak questioned if she was forced to come up with the money to move the dirt would it have a negative impact on her financing. Ms. Howlett-Despot stated that was the case.
Assistant Fire Chief George Krudop expressed concern for the dirt pile creating parking and access issues and requested she install the parking lot behind the retail building and not use it for development of the new project. Ms. Howlett-Despot explained since the property was split she has not been able to use that area as parking.
Alderman Tom Michalski questioned what would happen if they did not get financing, what then would happen with the dirt pile. Ms. Howlett-Despot was not sure what would happen but did comment if she did not get the support she would not be able to get the financing. Alderman Michalski appreciated that she needed time to get the financing but would like to see some type of guarantee that the pile would be removed whether financing was received or not.
Commissioner Grabowski requested a firm plan of action be submitted to the City fairly quickly. She also questioned how they would get to the lands to remove the dirt if they did not have ownership. Ms. Howlett-Despot commented they do have access from the Cornerstone.
Commissioner Correll questioned what options the City would have if they did not get financing and did not remove the pile. Mayor Bolender stated it would have to be turned over to the legal department for recourse.
Mr. Russ Beaumont, Mega Discount Nursery commented they might be able to help with some of the soil. He would need to take a look at the dirt.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that the Planned Unit Development ordinance be adopted which would allow an additional 12 months to commence construction and 18 months to substantially complete construction, after a public hearing with the condition that the dirt pile is removed by February 1, 2008.
Commissioner Nowak seconds. Roll call, all voted aye with the exception of Commissioner Johnston. The motion to approve carries.
Certified Survey Map – Russ Beaumont / Mega Discount Nursery
1901 & 1941 E. Rawson Avenue
Tax Key No.: 768-9010 & 768-9011
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that would redraw property lines between two parcels owned by Mega Discount Nursery. The CSM will result in the creation of two parcels in the B-4, Highway Business District. Each lot meets or exceeds the minimum requirements of the B-4, Highway Business district.
Mr. Roger Raasch, 7247 S. Elaine Drive, questioned if the zoning for lot 1 would be the same as the zoning for lot 2. Mr. Fortin stated both lots would be zoned B-4. Mr. Raasch also questioned if there was a vacant home on lot 1. Mr. Fortin stated there was not home on either lot.
Commissioner Nowak moved that the Plan Commission recommends to the Common Council that the certified survey map for the properties at 1901 & 1941 E. Rawson Avenue be approved, subject to the following conditions:
- That any technical corrections be made prior to recording, including the placement of an easement on the face of the CSM.
- That all structures are removed from Lot 1 prior to recording.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Rezoning – Oak Creek Assembly of God
7377 S. 13th Street, 7421 S. 13th Street, 7471 S. 13th Street
Tax Key Nos.: 763-9004, 763-9009, 763-9011
Mr. Wagner explained to the Commission the applicant was requesting the properties to be rezoned to I-1, Institutional District to be consistent with their parcel to the north which is zoned I-1.
Mr. Potter, Oak Creek Assembly of God, explained the reasoning behind the rezoning request.
Commissioner Johnston requested all of the properties be joined together by a certified survey map. Mr. Fortin explained they could combine all the lots to have one large lot owned by the church. Parking and buildings could not go on the rezoned parcels unless they were joined in with the church.
Ms. Carol Grundy, 9160 S. Nicholson Road, questioned if they church would not have to pay real estate taxes on the properties if they were rezoned. Mr. Fortin explained they were currently not paying any taxes on the property because it goes by ownership not by zoning.
Mr. Dan Dailey, 7463 S. 13th Street, commented he was against the zoning change. It would change his property value and he would then be surrounded by institutional zoning and in the future they would start building schools and the like. Commissioner Grabowski commented she felt it would make positive impact on the surrounding homes and the property values.
Mayor Bolender directed the item held until the applicants return with a certified survey map joining all of the properties.
Plan Review – Ashland Coatings Storage Garage
7221 S. 10th Street
Tax Key No.: 764-9047
Mr. Fortin explained to the Commission the applicant was requesting approval for a 26’ x 24’ accessory garage which will be placed behind their existing facility at 7221 S. 10th Street. It will be finished with cream colored cement board siding to match the colors on their existing building.
Commissioner Grabowski complimented the applicant on the quality of the plan materials.
Commissioner Johnston questioned if they could have greenspace calculations and impervious area on the building plans. Mr. Peter Ogorek, Perspective Design, Inc., explained the building would be going on impervious area so there would not be a change in impervious area.
Commissioner Siira moved that the Plan Commission approve the site and building plans for the storage garage for Ashland Coatings located at 7221 S. 10th Street subject to all building and fire codes being met.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Commissioner Grabowski moved to adjourn. Commissioner Nowak seconds. Roll call, all voted aye. The meeting adjourned at 8:25 pm.